Motan Silaban v. Eric H. Holder Jr.

MEMORANDUM

Motan Silaban, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we grant the petition for review, and we remand.

The agency found that, even if Silaban suffered persecution in the past, there has been a fundamental change in circumstances in Indonesia such that he no longer has a clear probability of persecution. Substantial evidence does not support the agency’s finding. See Mutuku v. Holder, 600 F.3d 1210, 1213 (9th Cir.2010) (agency “must provide an individualized analysis of how changed conditions will affect the specific petitioner’s situation” and country reports did not support changed circumstances finding). In addition, in assessing Silaban’s fear of future persecution, the agency did not have the benefit of our decisions in Wakkary v. Holder, 558 F.3d 1049, 1064-65 (9th Cir.2009) and Tampubolon v. Holder, 610 F.3d 1056, 1062 (9th Cir.2010).…